Cap. 12 Art. 326Suspension of auction or adjudication.

(1) The auction or adjudication shall in all cases be suspended upon the demand of the debtor with the consent of the creditor, or upon the demand of the creditor with the consent of the debtor, and in such cases, as well as in the case where the suspension is caused by any other lawful impediment, a fresh advertisement shall be issued for the continuation of the auction on another day which shall be appointed by the Registrar within two weeks.

(2) If the suspension of the auction is demanded by the debtor or a third party, without the consent of the creditor, the demand shall not be entertained, unless contemporaneously with the demand a deposit is made with the registrar of a sum which in his opinion is sufficient to cover the expense occasioned by the suspension.

(3) Nor shall any demand for the suspension of an auction be entertained if such demand is made, without the consent of the creditor, less than seven days before the day appointed for the auction, unless the person making the demand shall declare on oath before the registrar, that the reason for the suspension has arisen within that time, or that he was not aware of such reason before that time.

(4) Any interested person may by application request the court to revoke its decree authorising the suspension of contrario imperio the auction or of the adjudication, and the court shall summarily hear the parties before delivering its decree. Any such decree may not be challenged in any court.

(5) The court shall hear the parties about the demand for suspension, and it shall not give its decree relating to such application prior to a deposit having been made of all the expenses with regard to the judicial sale by auction.

327. Repealed by: XIV.2006.31.